Additional Oil Spill Response Organisation insurance can be provided for contracts where the liability regime is more onerous than permitted under International Group guidelines, as well as pollution general average cover for charterparties such as in the Exxonvoy 90, where preventive pollution costs cannot be passed on to charterers or cargo owners and so remain your responsibility.
The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (“the HNS Convention”) was adopted in May 1996. It is modelled on CLC 1992 but intended to cover damages caused by spillage of hazardous and noxious substances during maritime transportation.
Mr Warner chartered a vessel operated by the defendant for the week 11 to 18 August 2012 for the purpose of diving. He died in a diving accident on 14 August 2012. The claimants were his widow and their under aged son, born in November 2011. The claim was lodged on 14 May 2015, more than two years but less than three years after the intended disembarkation, which was agreed to be 18 August 2012. The defendant argued that the claim was time barred.
In Part 1 of this article, Introduction and background, we provided an overview of the international Conventions applicable to the multimodal trade. This was followed by Part 2, in which we looked at the legal issues under the current unimodal Conventions system.
